(1)
No person shall drive a vehicle on a highway at a speed greater than
is reasonable and prudent under the conditions then existing.
(2)
Except when a special hazard exists that requires a lower speed,
the following speeds shall be lawful:
(a)
Twenty miles per hour on narrow, winding mountain highways or on
blind curves;
(d)
Forty miles per hour on open mountain highways;
(e)
Forty-five miles per hour for all single rear axle vehicles in the business of transporting trash that exceed 20,000 pounds, where higher speeds are posted, when said vehicle is loaded as an exempted vehicle pursuant to GJMC § 10.04.507(3);
(f)
Fifty-five miles per hour on other open highways which are not on
the interstate system, as defined in § 43-2-101(2), C.R.S., and are not surfaced, four-lane freeways or expressways;
(g)
Sixty-five miles per hour on surfaced, four-lane highways which are
on the interstate system, as defined in § 43-2-101(2), C.R.S., or are freeways or expressways;
(h)
Any speed not in excess of a speed limit designated by an official
traffic control device.
(3)
No driver of a vehicle shall fail to decrease the speed of such vehicle
from an otherwise lawful speed to a reasonable and prudent speed when
a special hazard exists with respect to pedestrians or other traffic
or by reason of weather or highway conditions.
(4)
Except as otherwise provided in subsection (8)(c) of this section, any speed in excess of the lawful speeds set forth in subsection (2) of this section shall be prima facie evidence that such speed was not reasonable or prudent under the conditions then existing. As used in this subsection (4), “prima facie evidence” means evidence which is sufficient proof that the speed was not reasonable or prudent under the conditions then existing, and which will remain sufficient proof of such fact, unless contradicted and overcome by evidence bearing upon the question of whether or not the speed was reasonable and prudent under the conditions then existing.
(5)
In every charge of violating subsection (1) of this section, the complaint, summons and complaint, or penalty assessment notice shall specify the speed at which the defendant is alleged to have driven and also the alleged reasonable and prudent speed applicable at the specified time and location of the alleged violation.
(6)
The provisions of this section shall not be construed to relieve
the party alleging negligence under this section in any civil action
for damages from the burden of proving that such negligence was the
proximate cause of an accident.
(7)
Reserved.
(8)
(a)
Reserved.
(b)
Notwithstanding any other provisions of this section, no person shall
drive a vehicle on a highway at a speed in excess of a maximum lawful
speed limit of 75 miles per hour.
(c)
The speed limit set forth in subsection (8)(b) of this section is
the maximum lawful speed limit and is not subject to the provisions
of subsection (4) of this section.
(d)
Reserved.
(e)
Reserved.
(f)
In every charge of a violation of subsection (8)(b) of this section,
the complaint, summons and complaint, or penalty assessment notice
shall specify the speed at which the defendant is alleged to have
driven and also the maximum lawful speed limit of 75 miles per hour.
(g)
Notwithstanding any other provision of this section, no person shall
drive a low-power scooter on a roadway at a speed in excess of 40
miles per hour.
(9)
The conduct of a driver of a vehicle which would otherwise constitute
a violation of this section is justifiable and not unlawful when:
(a)
It is necessary as an emergency measure to avoid an imminent public
or private injury which is about to occur by reason of a situation
occasioned or developed through no conduct of said driver and which
is of sufficient gravity that, according to ordinary standards of
intelligence and morality, the desirability and urgency of avoiding
the injury clearly outweigh the desirability of avoiding the consequences
sought to be prevented by this section; or
(10)
The minimum requirement for commission of a traffic infraction or
misdemeanor traffic offense under this section is the performance
by a driver of prohibited conduct, which includes a voluntary act
or the omission to perform an act which said driver is physically
capable of performing.
(11)
It shall not be a defense to prosecution for a violation of this
section that:
(a)
The defendant’s conduct was not performed intentionally, knowingly,
recklessly, or with criminal negligence; or
(b)
The defendant’s conduct was performed under a mistaken belief
of fact, including, but not limited to, a mistaken belief of the defendant
regarding the speed of the defendant’s vehicle; or
(c)
The defendant’s vehicle has a greater operating or fuel-conserving
efficiency at speeds greater than the reasonable and prudent speed
under the conditions then existing or at speeds greater than the maximum
lawful speed limit.
(12)
(a)
A violation of driving one to 24 miles per hour in excess of the
reasonable and prudent speed or in excess of the maximum lawful speed
limit of 75 miles per hour is a traffic infraction.
(b)
A violation of driving 25 or more miles per hour in excess of the
reasonable and prudent speed or in excess of the maximum lawful speed
limit of 75 miles per hour is a misdemeanor.
(c)
A violation under subsection (3) of this section is a traffic infraction.
(Ord. 4759, 9-6-17)
(1)
(a)
Whenever the Department of Transportation for the State determines upon the basis of a traffic investigation or survey or upon the basis of appropriate design standards and projected traffic volumes in the case of newly constructed highways or segments thereof that any speed specified or established as authorized under GJMC § 10.04.1101 to 10.04.1104 is greater or less than is reasonable or safe under the road and traffic conditions at any intersection or other place or upon any part of a State highway under its jurisdiction, the Department of Transportation for the State shall determine and declare a reasonable and safe speed limit thereat which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or upon the approaches thereto; except that no speed limit in excess of 75 miles per hour shall be authorized by the State.
(b)
Reserved.
(2)
Reserved.
(3)
The City shall determine upon the basis of a traffic investigation or survey the proper speed for all arterial streets and shall declare a reasonable and safe speed limit thereon which may be greater or less than the speed specified under GJMC § 10.04.1101(2)(b) or (2)(c). Such speed limit shall not exceed 75 miles per hour and shall become effective when appropriate signs are erected giving notice thereof. For purposes of this subsection (3), an “arterial street” means any United States or State-numbered route, controlled-access highway, or other major radial or circumferential street or highway designated by the City as such as part of a major arterial system of streets or highways.
(4)
Upon the City’s request, the Department of Transportation shall
conduct any traffic investigation or survey that is deemed to be warranted
for determination of a safe and reasonable speed limit on any street
or portion thereof that is a State highway. In conducting such a traffic
investigation, the Department may receive and consider traffic and
engineering data provided by the City or Mesa County Engineer that
will be impacted by a proposed alteration of speed limits. Any speed
limit so determined by the Department becomes effective when declared
by the City and made known by official signs conforming to the State
traffic control manual.
(5)
Whenever the Department of Transportation or the City, within their respective jurisdictions, determine upon the basis of a traffic investigation or survey that a reduced speed limit is warranted in a school or construction area or other place during certain hours or periods of the day when special or temporary hazards exist, the Department or the City may erect or display official signs of a type prescribed in the State traffic control manual or City adopted traffic control manual giving notice of the appropriate speed limit for such conditions and stating the time or period the regulation is effective. When such signs are erected or displayed, the lawful speed limit at the particular time and place shall be that which is then indicated upon such signs; except that no such speed limit shall be less than 20 miles per hour on a State highway or other arterial street as defined in subsection (3) of this section nor less than 15 miles per hour on any other road or street, nor shall any such reduced speed limit be made applicable at times when the special conditions for which it is imposed cease to exist.
(6)
The City may impose and enforce stop sign regulations and speed limits, not inconsistent with the provisions of GJMC § 10.04.1101 to 10.04.1104, upon any way which is open to travel by motor vehicles and which is privately maintained in mobile home parks and/or private street, when appropriate signs giving notice of such enforcement are erected at the entrances to such ways. Unless there is an agreement or other law or regulation to the contrary, the City shall be responsible for the erection and maintenance of the signs.
(7)
When a reduced speed is authorized consistent with the provisions herein, a violation of the altered speed is a violation of GJMC § 10.04.1101(2)(h).
(Ord. 4759, 9-6-17)
(1)
No person shall drive a motor vehicle on any highway at such a slow
speed as to impede or block the normal and reasonable forward movement
of traffic, except when a reduced speed is necessary for safe operation
of such vehicle or in compliance with law.
(2)
When the City determines, on the basis of an engineering and traffic
investigation as described in the State/City traffic control manual,
that slow speeds on any part of a highway consistently impede the
normal and reasonable movement of traffic, the City may determine
and declare a minimum speed limit below which no person shall drive
a vehicle, except when necessary for safe operation or in compliance
with law.
(3)
Notwithstanding any minimum speed that may be authorized and posted
pursuant to this section, if any person drives a motor vehicle on
any controlled-access highway at a speed less than the normal and
reasonable speed of traffic under the conditions then and there existing
and by so driving at such slower speed impedes or retards the normal
and reasonable movement of vehicular traffic following immediately
behind, then such driver shall:
(a)
Where the width of the traveled way permits, drive in the right-hand lane available to traffic or on the extreme right side of the roadway consistent with the provisions of GJMC § 10.04.1001(2) until such impeded traffic has passed by; or
(b)
Pull off the roadway at the first available place where such movement
can safely and lawfully be made until such impeded traffic has passed
by.
(4)
Wherever special uphill traffic lanes or roadside turnouts are provided
and posted, drivers of all vehicles proceeding at less than the normal
and reasonable speed of traffic shall use such lanes or turnouts to
allow other vehicles to pass or maintain normal traffic flow.
(5)
Any person who violates any provision of this section commits a traffic
infraction.
(Ord. 4759, 9-6-17)
(1)
No person shall drive a vehicle over any bridge or other elevated
structure constituting a part of a highway at a speed which is greater
than the maximum speed which can be maintained with safety to such
bridge or structure, when such structure is signposted as provided
in this section.
(2)
The City upon its own initiative may conduct an investigation of any bridge or other elevated structure constituting a part of a highway, and, if it finds that such structure cannot with safety to itself withstand vehicles traveling at the speed otherwise permissible under GJMC § 10.04.1101 to this section, the City or Department of Transportation shall determine and declare the maximum speed of vehicles which such structure can withstand and shall cause or permit suitable standard signs stating such maximum speed to be erected and maintained before each end of such structure in conformity with the State/City traffic control manual.
(3)
Upon the trial of any person charged with a violation of this section,
proof of said determination of the maximum speed by said Department
and the existence of said signs shall constitute conclusive evidence
of the maximum speed which can be maintained with safety to such bridge
or structure.
(4)
Any person who violates any provision of this section commits a traffic
infraction.
(Ord. 4759, 9-6-17)
(1)
(a)
Except as otherwise provided in subsection (4) of this section, it
is unlawful for a person to knowingly engage in a speed contest on
a highway.
(b)
For purposes of this section, “speed contest” means the
operation of one or more motor vehicles to conduct a race or a time
trial, including but not limited to rapid acceleration, exceeding
reasonable and prudent speeds for highways and existing traffic conditions,
vying for position, or performing one or more lane changes in an attempt
to gain advantage over one or more of the other race participants.
(c)
A person who violates any provision of this subsection (1) commits
a misdemeanor.
(2)
(a)
Except as otherwise provided in subsection (4) of this section, it
is unlawful for a person to knowingly engage in a speed exhibition
on a highway.
(b)
For purposes of this section, “speed exhibition” means
the operation of a motor vehicle to present a display of speed or
power. “Speed exhibition” includes, but is not limited
to, squealing the tires of a motor vehicle while it is stationary
or in motion, rapid acceleration, rapid swerving or weaving in and
out of traffic, producing smoke from tire slippage, or leaving visible
tire acceleration marks on the surface of the highway or ground.
(c)
A person who violates any provision of this subsection (2) commits
a misdemeanor.
(3)
(a)
Except as otherwise provided in subsection (4) of this section, a
person shall not, for the purpose of facilitating or aiding or as
an incident to any speed contest or speed exhibition upon a highway,
in any manner obstruct or place a barricade or obstruction, or assist
or participate in placing any such barricade or obstruction, upon
a highway.
(b)
A person who violates any provision of this subsection (3) commits, pursuant to GJMC § 10.04.1703, the offense that the person aided in or facilitated the commission of. Nothing in this subsection (3) shall be construed to preclude charging a person under GJMC § 10.04.1703 for otherwise being a party to the crime of engaging in a speed contest or engaging in a speed exhibition.
(4)
The provisions of this section shall not apply to the operation of
a motor vehicle in an organized competition according to accepted
rules on a designated and duly authorized race track, race course,
or drag strip.
(5)
(a)
In addition to a sentence imposed pursuant to this section or pursuant
to any other provision of law:
(I)
Upon the second conviction for an offense specified in subsection
(1) or (2) of this section, or any other crime, the underlying factual
basis of which has been found by the court to include an act of operating
a motor vehicle in violation of subsection (1) or (2) of this section,
the court may, in its discretion and upon request of the City, order
the City to place an immobilization device on the motor vehicle or
motor vehicles so operated for a period of up to 14 days.
(II)
Upon the third or subsequent conviction for an offense specified
in subsection (1) or (2) of this section, or any other crime, the
underlying factual basis of which has been found by the court to include
an act of operating a motor vehicle in violation of subsection (1)
or (2) of this section, the court may, in its discretion and upon
the request of the City, order the City to place an immobilization
device on the motor vehicle or motor vehicles so operated for a period
of up to 30 days but more than 14 days.
(b)
The period during which a motor vehicle may be fitted with an immobilization
device pursuant to subsection (5)(a) of this section shall be in addition
to any period during which the motor vehicle was impounded prior to
sentencing.
(I)
An order issued under this subsection (5) shall state the requirements
included in subsections (7) and (8) of this section.
(II)
For purposes of this section, “immobilization device”
means a device locked into place over a wheel of a motor vehicle that
prevents the motor vehicle from being moved. “Immobilization
device” includes but is not limited to a device commonly referred
to as a “traffic boot” or “boot.”
(6)
(a)
Except as otherwise provided in subsection (9) of this section, if
the City is ordered to place an immobilization device on a motor vehicle
pursuant to subsection (5) of this section the City shall attempt
to locate the motor vehicle within its jurisdiction.
(b)
Nothing in this subsection (6) shall be construed to:
(I)
Prohibit the Grand Junction Police Department from seeking the
assistance of another law enforcement agency for the purpose of placing
an immobilization device on a motor vehicle or removing the device
in accordance with this section; or
(II)
Require the City to expend excessive time or commit excessive
staff to the task of locating a motor vehicle subject to immobilization
under this section.
(c)
The time spent in locating a motor vehicle in accordance with this
subsection (6) shall not alter the immobilization period ordered by
the court under subsection (5) of this section.
(d)
A notice shall be affixed to the immobilized motor vehicle stating
the information described in subsections (7) and (8) of this section.
(e)
A peace officer who locates or attempts to locate a motor vehicle,
or who places or removes, or assists with the placement or removal
of, an immobilization device in accordance with the provisions of
this section shall be immune from civil liability for damages, except
for damages arising from willful and wanton conduct.
(7)
(a)
The owner of a motor vehicle immobilized under this section shall
be assessed a fee of $35.00 for each day the motor vehicle is ordered
immobilized and, except as otherwise provided in subsection (7)(d)
of this section, $35.00 for each day up to 14 days after the immobilization
period that the fee for the immobilization period is not paid. The
owner shall pay the fee to the Police Department that places the immobilization
device on the motor vehicle.
(b)
The owner, within 14 days after the end of the immobilization period
ordered by the court, may obtain removal of the immobilization device
by the Police Department that placed it by requesting the removal
and paying the fee required under subsection (7)(a) of this section.
(c)
The failure of the owner of the immobilized motor vehicle to request
removal of the immobilization device and pay the fee within 14 days
after the end of the immobilization period ordered by the court or
within the additional time granted by the court pursuant to subsection
(7)(d) of this section, whichever is applicable, shall result in the
motor vehicle being deemed an “abandoned motor vehicle,”
as defined in §§ 42-4-1802(1)(d) and 42-4-2102(1)(d), C.R.S. and subject to the provisions of Chapter 10.12 GJMC. The Police Department shall be eligible to recover the fee if the abandoned motor vehicle is sold.
(d)
Upon application of the owner of an immobilized motor vehicle, the
court that ordered the immobilization may, in its discretion, grant
additional time to pay the immobilization fee required under subsection
(7)(a) of this section. If additional time is granted, the court shall
notify the law enforcement agency that placed the immobilization device.
(8)
(a)
A person may not remove an immobilization device that is placed on
a motor vehicle pursuant to this section during the immobilization
period ordered by the court.
(b)
No person may remove the immobilization device after the end of the
immobilization period except the law enforcement agency that placed
the immobilization device and that has been requested by the owner
to remove the device and to which the owner has properly paid the
fee required by subsection (7) of this section. Nothing in this subsection
(8) shall be construed to prevent the removal of an immobilization
device in order to comply with the provisions of § 42-4-1800, et seq., C.R.S.
(c)
A person who violates any provision of this subsection (8) commits
a misdemeanor.
(9)
(a)
The Police Department shall inform the court at sentencing if it
is unable to comply with the court’s order either because the
Police Department does not have a sufficient number of immobilization
devices. The court, upon being so informed, shall, in lieu of ordering
immobilization, order the law enforcement agency to impound the motor
vehicle for the same time period that the court initially ordered
the motor vehicle to be immobilized.
(b)
If a motor vehicle is ordered to be impounded pursuant to subsection
(9)(a) of this section, the provisions of subsections (6) to (8) of
this section shall not apply.
(Ord. 4759, 9-6-17)
